Landscaping Firm Ordered to Pay $50K Over Overtime Violations

A federal court has mandated that a Delaware-based landscaping firm, DeVilbiss Landscape Architects Inc., and its owner and president, Paul DeVilbiss. The ruling comes as a response to a litigation initiated by the U.S. Department of Labor. In the U.S. DOL vs. DeVilbiss case,  DeVilbiss Landscape Architects is ordered to disburse $50,622 in liquidated damages to ten temporary employees. This ruling stems from a thorough investigation by the Wage and Hour Division, followed by a jury’s verdict that affirmed the company’s obligation to also reimburse these workers an equivalent amount in overtime back wages due to Fair Labor Standards Act (FLSA) laws.

The court, operating under the jurisdiction of the U.S. District Court for the District of Delaware, issued its decision on March 28, 2022, post a jury trial that transpired from June 30, 2021, to July 2, 2021. During this trial, the jury found that the employers had indeed violated the FLSA, establishing Paul DeVilbiss as a legally responsible employer, and held them liable for $50,622.54 in unpaid wages. In the most recent judgment, the court determined that the employers failed to demonstrate a good faith belief in their compliance with the law, leading to an additional imposition of $50,622.64 in liquidated damages in addition to the awarded overtime back pay.

Lessons learned from the case:
  • This case highlights the importance of employers adhering to labor regulations, particularly the Fair Labor Standards Act. Non-compliance can result in costly legal ramifications, including the need to pay back wages and liquidated damages.
  • Employers must correctly classify their employees according to relevant labor laws. Misclassifying workers can lead to legal disputes and financial penalties, as exemplified in this instance.
  • Employers must provide evidence of a genuine belief that they are complying with labor laws. Failing to demonstrate this belief can lead to unfavorable legal outcomes, as illustrated by the court’s decision in this case.

If you want to know more about overtime regulations, read our guide on Delaware Overtime Laws.

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